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« Court Report - Part III | Main | Webinar on "Myriad" Guidelines »

April 24, 2014

Comments

If you compare this case to the recent Hoffman LaRoche v. Apotex decision, what I take away is that the standard for "obviousness" (and especially "obvious to try") is distressingly panel-dependent. I agree with Judge Newman's opinions in both cases (i.e., her dissent in Roche and her majority opinion in Sanofi), but unfortunately she cannot be on the panel for every pharma appeal.

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